General
1 . All orders placed with us are executed exclusively under these conditions.
2. Conflicting purchasing conditions of the buyer, which we do not explicitly acknowledge
in writing, are not binding for us, even if we do not expressly contradict them.
Offers and order confirmations
4. Our offers are non-binding.
5. We reserve the right to charge the prices valid on the day of delivery.
Terms of delivery
6. The delivery period begins with the date of our order confirmation, however not before
clarification of all commercial and technical details.
Our delivery times are at our best discretion, however only approximate and non-binding.
Deliveries before expiry of the delivery period and partial deliveries are admissible.
7. The delivery period shall be deemed to have been met if the goods have left our factory
before the end of the agreed delivery time or the goods have been declared ready for
dispatch.
8. If we are in default of delivery, the buyer must grant us a 2-week period of grace. If the
goods are not delivered within this additional period, the buyer has the right to withdraw
from the contract. Compensation claims are excluded.
Deliveries and Prices
9. Deliveries ex works, incl. packaging plus freight. The prices are net prices, plus the
applicable value added tax.
10. If, as a result of the purchaser's fault, acceptance of delivery is not made in time, we
are entitled at our discretion to either issue an arrears invoice or to withdraw from the
contract or to demand compensation if a reasonable period of grace has been granted.
Retention of Title
11 . The goods remain our property until the complete payment of the purchase price as
well as fulfilment of all other payment obligations against us from the business connection
have been performed. All rights from prior resale, in particular the purchase price from
resale, shall be deemed assigned to us.
Force Majeure
12. In the case of force majeure or any other unforeseeable events, we shall be entitled to
postpone the delivery period for the duration of the hindrance or to withdraw from the
contract in whole or in part with the exclusion of compensation claims by the purchaser.
Complaints
13. Complaints must be made immediately and are only taken into consideration if they
are sent to us in writing at least 10 days after receipt of the goods.
14. After the processing or use of the delivered goods, complaints are excluded.
15. In the case of justified complaints, we have the right to remedy the deficiencies or
when the goods are returned to make a replacement delivery or to issue a credit note.
16. In the case of hidden defects, the written complaint must be made immediately after
discovery, or within 3 months at the latest.
17. An extensive liability on our part for whatsoever legal cause, in particular for
consequential damages, is excluded.
Terms of Payment
18. Unless otherwise agreed in writing, the following terms of payment shall apply:
10 days after date of invoice – 3% discount; 30 days after date of invoice – net cash
The invoice is issued on the day of delivery or on the date on which the goods are placed
at the disposal of the customer.
19. If the payment date is exceeded, default interest of at least 2% above the discount
rate of the Deutsche Bundesbank will be charged. We will charge each reminder with a
cost compensation of € 5. Subsequent payment shall be demanded of any discounts
deducted without entitlement.
20. Prior to full payment of the invoice amounts due, including default interest, we are not
obliged to make any further deliveries from any ongoing contract.
21. Cheques and bills of exchange will only be accepted for payment and will only be
considered as payment when they have been honoured. Payments by bills of exchange are
only admissible after prior agreement.
Place of Performance and Jurisdiction
22. The place of performance for deliveries and payments is the registered office of our
factory.
Jurisdiction is, at our discretion, our general court of jurisdiction. This also applies to
court actions regarding bills of exchange or cheque processes.